Sunday Times 2
ICC prosecutors drop case against Kenya’s president
View(s):THE HAGUE, Dec 06, (AFP) – The International Criminal Court’s chief prosecutor has dropped crimes against humanity charges against Kenyan President Uhuru Kenyatta, dealing a massive blow to the tribunal after a long-running and troubled case.
The bombshell announcement came two days after the ICC’s judges gave prosecutors one week to strengthen or drop the charges against Kenyatta, saying a trial could no longer be postponed.
Kenya's President Uhuru Kenyatta is pictured on Friday at the State House in Nairobi.Reuters
Kenyatta, who has maintained his innocence throughout, reacted by saying he had been “vindicated” in the case linked to the country’s 2007-08 post-election violence, the worst in its history since its 1963 independence from Britain.
“I am very keen to run to my wife right now and tell her what is happening,” Kenyatta said in a message posted on Twitter, using the hashtag “vindicated”.
He vowed to fight on until two remaining cases at the ICC against Kenyans, including one against his deputy William Ruto, are dropped.
“As they say, one case down, two more to go,” Kenyatta said in another message.
Chief prosecutor Fatou Bensouda however called it “a dark day for international criminal justice.”
“This is a painful moment for the men, women and children who have suffered tremendously from the horrors of the post-election violence,” she said.
Bensouda said the charges were being withdrawn in a document filed at the Hague-based court.
“The Prosecution withdraws the charges against Mr Kenyatta,” Bensouda wrote, adding “the evidence has not improved to such an extent that Mr Kenyatta’s alleged criminal responsibility can be proven beyond reasonable doubt.”
Bensouda said the withdrawal was “without prejudice”, meaning that should there be enough evidence against Kenyatta in the future, new charges could be laid.
Kenyatta, 53, faced five charges including murder and rape and deportation for allegedly masterminding post-election violence in the east African country in 2007-08 in which more than 1,200 people died and 600,000 were displaced.
Legal experts said the announcement after a marathon four-year investigation, littered with allegations of witness intimidation, bribery and false testimony, was as a severe blow to Bensouda’s office and the Hague-based ICC, set up in 2002 to probe the world’s gravest crimes.
“It’s the court’s biggest setback since its establishment at the turn of the century,” said Eugene Kontorovich, international law professor at Chicago’s Northwestern University.
“The collapse of the Kenyatta trial will certainly hurt the ICC more than it does Kenya,” Kontorovich added.